Title
BIR VAT and Taxpayer Registration Procedures
Law
Bir Revenue Memorandum Order No. 41-94
Decision Date
May 20, 1994
BIR Revenue Memorandum Order No. 41-94 establishes streamlined registration procedures for VAT, Non-VAT, and Excise Taxpayers, including guidelines for withholding agents and the registration of storage premises, while detailing requirements for application, cancellation, and annual fees.

Law Summary

Scope and Policies on Registration

  • Single Application for Registration (BIR Form No. 1556-A) covers VAT, Non-VAT, Excise taxpayers, Withholding Agents including business name registration.
  • Registration to be filed with Revenue District Office (RDO) having jurisdiction over principal place or branch.
  • VAT taxpayers with branches register main office at jurisdiction of the head office RDO; branches get separate Certificates of Registration.
  • Separate registration and annual fees required for every establishment/branch; P1,000 annual registration fee per establishment.
  • Non-stock, non-profit organizations not engaged in business must register but are exempt from registration fee unless engaged in taxable activity.
  • Major registration changes require cancellation and new registration; minor changes use a Registration Change Form.
  • Certificate of Registration issued only after an ocular inspection of business premises.
  • Storage places where business transactions occur are treated as branches; must be registered and are subject to fees if transactions occur.
  • Warehouses within home office or branch premises need not register.
  • Books of inventory for storage places must be registered upon approval.
  • Full annual fee required regardless of registration time of the year.
  • All applications must be inspected within 24 hours and reported within 3 days.
  • RDO to keep separate logs for applications and approvals.

Cancellation of Registration

  • Cancellation only after compliance with prescribed procedures.
  • Separate logs for applications and approvals of cancellation.
  • Cancellation due to closure or cessation triggers immediate tax liability investigation.

Who Must Register and Where

  • VAT registration mandatory for persons with sales exceeding P500,000 annually; optional for certain exporters and sellers under threshold.
  • Non-VAT registration for VAT-exempt persons not opting for VAT, persons subject to percentage taxes, certain professionals, and non-profit organizations.
  • Withholding agents must register, including employers paying significant compensation, payers of income subject to expanded withholding and government offices.
  • Excise taxpayers engaged in manufacture, import/export of excisable goods must register each place of production.
  • Storage places where inventory is kept must be registered.
  • All branches must register regardless of tax filing or payment status.
  • Applications must be filed before business commencement or within 30 days after storage usage.
  • Registration done with the RDO of principal place, branch, or production location depending on registration type.

Procedures for Registration

  • Applications filed in triplicate at RDO’s Registration and Regulatory Unit (RRU).
  • Requirements include business location sketch, mayor's permit, TIN card or application, and additional specific documents for excise taxpayers and storage places.
  • Thorough verification and stamping of receipt date.
  • Applications logged and taxpayers given copy for follow-up in 5 working days.
  • Assigned Revenue Officer conducts evaluation and ocular inspection within 3 days.
  • Approved applications: require payment of registration fee; issue Authority to Accept Payment for late registration penalties.
  • Certificate of Registration issued after payment and inspection.
  • Taxpayer advised to display certificates and register books of accounts.
  • Duplicate copies filed and original forwarded to ISOS.
  • Disapproved applications documented, and taxpayers informed.

Procedures for Cancellation

  • Cancellation applications filed in triplicate to RRU.
  • Must submit supporting documents such as certificate of registration, notices of retirement, deeds of sale, death certificates, or corporate dissolution documents.
  • Ocular inspection/verification within 24 hours of receipt.
  • Immediate investigation for closure-related cancellations.
  • Equipment dismantling required for retiring manufacturers.
  • Cancellation due to stop-filer initiation requires ocular inspection and recommendation.
  • Original Certificate of Registration surrendered and cancelled with endorsement.
  • Cancellation recorded and monthly transmittal lists prepared and sent to ISOS and monitoring units.

Monitoring and Systems Integration

  • ISOS records all registrations and cancellations in master computer files.
  • Semi-annual computer printouts sent to Performance Monitoring Service and Collection Service.
  • Monitoring divisions maintain logs for approved registrations and cancellations by type.

Transitory Provisions for Re-registration

  • All existing taxpayers as of effectivity must re-register by June 30, 1994, with 60-day grace period without penalties.
  • Re-registration requires filing of new BIR Form No. 1556-A and payment of registration fees.
  • Documentary requirements and ocular inspections are dispensed with for existing taxpayers re-registering.
  • Taxpayers changing VAT status must submit inventory lists and stamp unused invoices/receipts accordingly.

Repealing Clause and Effectivity

  • All inconsistent existing issuances repealed.
  • Order effective immediately upon approval on May 20, 1994.

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